The protracted stand-off over Devyani Khobragade has led many in India’s security establishment to consider that the real reason for the arrest and humiliation of the diplomat could be India’s adamant detention of the floating armoury, MV Seaman Guard Ohio, on October 11 this year, and the continued incarceration of the 35 crew members, including Captain Dudnik Valentyn. The diplomatic confrontation in the matter could well be intended to end in an IC-814 style exchange.

MV Seaman Guard Ohio, owned by US-based Arab billionaire Samir Farajallah’s firm AdvanFort, was detected moving in Indian waters under the Sierra Leone flag and detained at Tuticorin port in Tamil Nadu. Indian officers recovered 35 assault rifles and 5,724 rounds of ammunition from the vessel. The National Investigation Agency (NIA) is trying to establish if these armaments were intended for the dormant LTTE extremists or Islamic terrorist groups in south India.

Experts note that due to its strategic importance, the intelligence agencies of many countries have established a presence in south India. Farajallah, a UAE national who is close to the Pentagon, lives near the White House, which makes Indian authorities suspect that the US administration was directly linked to the episode. He had previously helped US companies to sell arms in strife-torn nations, such as Libya, Iraq and Afghanistan.

AdvanFort has branches in Dubai and London and provides maritime security and armed security personnel; the seized vessel is part of its counter-piracy fleet. Both AdvanFort and the crew have failed to explain the presence of arms in their cargo. The ship had valid documents to hold weapons but none to authorise it to sail in Indian waters. It docked at Kochi on September 9 because it ran out of fuel and to escape a cyclone, and illegally purchased some diesel with the help of local agents.

The crew and guards were officially arrested on October 18; they included US, UK, Estonia and Ukraine nationals. Cases have been registered under the Arms Act of 1956, Essential Commodities Act 1955 and Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices), Order 2005. The Central Industrial Security Force was directed to take custody of the vessel.

Although, there is no exact tit-for-tat sequence in the Devyani case, which broke out much earlier, and possibly contained elements of personal ambition of Sangeeta Richards to settle in the US, there can be no doubt that back channel diplomacy to release the entire staff abroad the vessel was going on since October itself. The US consulate in Chennai would also have been aware of how Indian investigations were proceeding and the likely legal developments in the case, particularly after the nation-wide furore over the Italian marines who skipped parole, but returned under pressure, and are now out on bail. The Richards family was evacuated on December 10; Khobragade was arrested on December 12.

On December 18, the Madurai bench of the Madras High Court dismissed the bail application of all 35 crew members as the Government argued that three persons were yet to be arrested in the case and the investigation was at a crucial stage. The crew claimed that the vessel was 19 nautical miles off the Indian coast, beyond India’s territorial jurisdiction. Washington became anxious when the American media whipped up sentiment over the arrests. William Watson, president of AdvanFort, said in an interview to FoxNews, “These guys are decorated military veterans. They’re brave, honest men who spend months away from their families to protect ships from pirates and this is how they’re being treated”. He said the arms and ammunition were to protect commercial ships from piracy.

Watson claimed that when the ship found itself low on fuel, it requested the Indian authorities permission to dock and buy fuel, which was refused. But following a cyclone scare, the crew docked in Kochi and went to an agent to buy enough fuel to reach another port in either Sri Lanka or Maldives. But when it entered Tamil Nadu waters, the coast guard forced it to come into port. At first, 33 members of the crew were arrested, and two days later, the chief engineer (who attempted suicide) and the captain, both Ukrainian nationals. With the crew still in jail and Christmas round the corner, the US State Department may be trying to force the Indian Government to withdraw the cases and release the men, as it did with the three dreaded terrorists demanded by the Taliban at Kandahar, in return for charges being dropped against Devyani Khobragade and her safe return back home.

Tamil Nadu police on Friday arrested thirty-three crew members of the illegal arms laden US ship on charges of illegally carrying arms and ammunition and straying into Indian territorial waters without authorisation.

The Q Branch of State CID police have seized 35 arms and about 5,680 rounds of ammunition from the vessel ‘MV Seaman Guard Ohio’, which has been impounded since October 12.

Thirty-three out of the 35 members on board the vessel were taken to Muthiahpuram Police Station this morning and questioned after which police completed legal formalities to effect their formal arrest.

An official statement issued by police headquarters in Chennai stated a case for offences under Arms Act 1959, Essential Commodities Act 1955 and Motor Spirit and High Speed Diesel Prevention of malpractices in supply and distribution order 1990 has been registered against the crew.

The investigation by the “Q” Branch police of the State’s specialised wing in the last two days has revealed that the vessel was found in the country’s territorial waters and was in possession of a huge quantity of arms and ammunition, without valid authorisation of documents, police said.

Police said the two crew members have been permitted to stay on board the vessel to carry out maintenance of the ship till further arrangements were made and they would also be arrested.

The Q Branch CID police have seized 35 arms and about 5,680 rounds of ammunition from the vessel, which was detained off Tuticorin coast on October 12.

Tamil Nadu Police registered an FIR against the crew members on October 14. The crew face allegations of procuring 1,500 litres of diesel through illegal route, are likely to be brought to Chennai.

Police said the case was registered in Tharuvaikulam Marine Police station on October 13 on the complaint by Assistant Commandant, Indian Coast Guard, Tuticorin.